New York Supreme Court December 11, 1959 (Uzenski v. Fitzsimmons)

Nicholas M. Pette, J.

The plaintiff, in an action to recover damages for assault, moves for summary judgment on the issue of liability and thereupon for an immediate assessment of damages.

There is no question that the defendant was tried and convicted in the Court of Special Sessions of the City of New York on June 9,1959, of assault in the third degree.